The URL can be used to link to this page

Home My WebLink About04-2905IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CWIL DIVISION AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff(s) VS. COMPLAINT IN CIVIL ACTION Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA 1D#68013 DEBORAH R. ERBSTEIN, ESQUIRE PA 11)#86470 MARLENE J. BERNSTEIN, ESQUIRE PA 11)#43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200, Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. R0039331 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MLG002268V0011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff(s) Civil Action No. VS. Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days at~er this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court, without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 71%249-3166 MLG002268V0011 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff(s) VS. Defendant(s) COMPLAINT IN CIVIL ACTION Plaintiff, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY INC., hereinafter referred to as ("American Express") by its attorneys, The Bemstein Law Firm, P.C., as and for its complaint herein against Defendant, Mark Kerlin, herein aRer referred to as ("Defendant") alleges as follows: The Parties 1. At all relevant times, Plaintiff, American Express Travel Related Services Inc., a New York Corporation, with its principal place of business at 40 Wall Street, New York, 10005. 2. Upon information and belief, at all relevant times, Defendant was and is an adult individual with a last known address of 417 State Street, Enola, Cumberland County, Pennsylvania 17025. MLGO02268V0011 Facts The American Express Gold Card 3. At all relevant times, Defendant was the holder of an American Express Gold Card (the "Gold Card") that enabled him to charge items to an American Express Gold Card (Account No. 3728-180632- 51008) (the "Account"). At all relevant times, Defendant was the basic cardmember on the Account and thus he is responsible for paying all amounts charged to the Account. 4. By accepting and using the Gold Card, Defendant agreed to all of the terms and conditions set forth in the Agreement Between Gold Cardmember and American Express Travel Related Services Company, Inc., (the "Agreement"). The Agreement Between Gold Cardmember and American Express Travel Related Services Company, Inc., was provided to Defendant with the Gold Card, a tree and correct copy of which, is attached hereto, marked as Exhibit "1" and made a part hereof. 5. The terms and conditions of the Agreement include the following: a) Pursuant to the Agreement, Defendant agreed that he is individually liable for all amounts charged to the Account. b) Pursuant to the Agreement, Defendant agreed that the "Minimum Payment" (as that term is defined in the Agreement) for all charges to the Account are due and payable upon receipt of the monthly billing statements mailed by or on behalf of American Express. c) Pursuant to the Agreement, Defendant agreed that if the Minimum Payment was not made by the payment due date indicated on the monthly billing statements, American Express may assess a delinquency fee in the amount of $29. d) Pursuant to the Agreement, Defendant agreed that finance charges at rates set forth in the Agreement would begin to accrue from the date a check accessing the Account was first deposited into a depository institution, or a charge using the Gold Card was posted to the Account, until the day in which payment is received in full, MLGO02268V0011 e) Pursuant to the Agreement, Defendant further agreed that, upon "default," (as that term is used in the Agreement) he would pay all reasonable costs, including, attorneys' fees of 15%, incurred by American Express in collecting the balance due, finance charges, and costs incurred by American Express in protecting itself from any harm it may suffer as a result of any such defanlt. The Default The American Exl)ress Gold Card 6. Defendant used the Gold Card to charge various items to the Account and failed to remit the payments as required by the Agreement. 7. American Express and/or American Express Travel Related Services Company, Inc., duly issued and Defendant received monthly statements of account that set forth in detail all items charged to the Account and the minimum and total mounts due and owing by Defendant. 8. In violation of the Agreement requiring payment of at least the minimum payment due on the Account, Defendant has failed and refused to make the payments to American Express. 9. The current total outstanding, overdue and unpaid balance owed by Defendant to American Express with respect to Account is $52,677.08 as of September 2, 2003. MLGO02268V0011 COUNT I (Breach of Contrac0 10, Plaintiffrepcats and realleges each and every allegation contained in paragraphs 1 through 9 of this complaint as though fully set forth at length herein. 11. By using the Gold Card to make charges to the Account, Defendant agreed to pay for all items charged to the Account. 12. In addition, Defendant agreed to pay American Express all reasonable costs, including, attorneys' fees of 15%, incurred by American Express in collecting the balance due, finance charges, and costs incurred by American Express in protecting itself from any ham~ it may suffer as a result of any such default. 13. As set forth above, Defendant is indebted to American Express with respect to the Account for unpaid charges in the total an~ount of $52,677.08 as of September 2, 2003. 14. Despite due demand, Defendant has failed to and or refused to pay American Express any portion of thc amount due and owing, 15. As a result of Defendant's failure to pay the amount owed, American Express referred its claims against him to outside attorneys for collection, and thus it is entitled to collect from Defendant all reasonable costs, including, attorneys' fees of 15%, incurred by American Express in collecting the balance due, finance charges, and costs incurred by American Express in protecting itself from any harm it may suffer as a result of any such default. 16. American Express avers that such attorney fees shall amount to $7,901,56. Wherefore, American Express Travel Related Services Company, Inc., respectfully requests judgment against Defendant, Mark Kerlin, individually, in Count I, for Breach of Contract with respect to the Account in the sum of $60,578.64, plus court costs, and post judgment interest. MLG002268V0011 COUNT II (Account Stated) 17. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 16 of this complaint as though fully set forth at length herein. 18. American Express duly issued and Defendant received monthly statements of account that set forth in detail all items charged to the Account and the total amount due and owing by Defendant. l 9. Defendant received the Monthly Statements without protest and neither objected to them nor indicated that they were erroneous in any respect. Thus, Defendant acknowledged that the debt owed by him to American Express is true and correct. 20. As a result of Defendant's failure to pay the amount owed, American Express referred its claims against him to outside attorneys for collection, and thus it is entitled to collect fi.om Defendant all reasonable costs, including, attorneys' fees of 15%, incurred by American Express in collecting the balance due, finance charges, and costs incurred by American Express in protecting itself from any harm it may suffer as a result of any such default. 2~. Amer/can Express has been damaged as aforesaid in Count I in the amount of $60,578.64, plus interest at the rate of 6% per annum from date of judgment. Wherefore, American Express Travel Related Services Company, Inc., respectfully requests judgment against Defendant, Mark Kerlin, individually, in Count II, for an Account Stated in the amount of $60,578.64, plus court costs, and post judgment interest. MLG002268V0011 COUNT III (Unjust Enrichment) 22. Plaintiffrepeats and realleges each and every allegation contained in paragraphs I through 21 of this complaint as though fully set forth at length herein. 23. Defendant benefited from all of the charges made to the Account, has acknowledged receipt of those benefits and has failed to pay for same. 24. Given Defendant's failure to make payment for the outstanding balance owed with respect to the Account and the fact that Defendant was the beneficiary of all items charged to the Account, Defendant would be unjustly enri6hed to the detriment of American Express unless judgment is entered against him for the full balance due and owing on the Account, 25. American Express has been damaged as aforesaid in Count I and II in the amount of $60,578.64, plus interest at the rate of 6% per annum from date of judgment. Wherefore, American Express Travel Related Services Company, Inc., respectfully requests judgment against Defendant, Mark Kerlin, individually, in Count Ili, with respect to the Account for Unjust Enrichrnent in the amount of $60,578.64, plus court costs and post judgment interest. MLG002268V001 THE BERNSTEIN LAW FIRM, P.C. Attorney for Plaintiff 707 Grant Street Suite 2200 Gulf Tower Pittsburgh, PA 15219 412o456-8100 BERNSTE1N FILE NO. R0039331 r-~?'-lO04 lO:54am FFom-J^FFE ^~lO ^$H~R 2)2 $8i' $$01 T~O?O P(IO~ F-)08 b EXHIBff..i.. T-O?O P003/015 F-IO~ ,,, ,, ~ ~ · Jz,,,,,'*' '~,,,~'"~"~:~ ~:-'. 212 ~B?~BOI T-O?O POO~/OIS ~r-2T-2nn~ l l:O$ar~ From-,~^FFE AND ASHER 010/015 9 P-T08 b ~ w~ c~. P~ ~l~ ~ ~N~ ~J~m ~ ~ ¥.~ ~o~ P~?~ ~ (~ ~ m~) ~ ~ ~ , ,~. Al~r-~T-~Oa4 l i:Ogar~ Fr~m-JAFFE AND ^SHE~ F-TO8 b A.~r-2%2Qa4 II:l(l~m Prom-,JA~FE AND ASHER b VERIFICATION The undersigned does hereby verify subject to the penalties of Pa. C.S. § 4904 relating to unswom falsification to authorities, that he/she is the /]~7/-~ for the Plaintiffherein, that he/she is duly authorized to make this Verification, and that the facts set forth in the forgoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. No. 02RE6086349 ~,.--, ~ Expl~" ~. ;~, ~0 ~--'"/ MLGOO2268V0011 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN EXPRESS TRAVEL RELATE VS KERLIN MARK R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT KERLIN MARK unable to locate Him COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 417 STATE STREET ENOLA, PA 17025 PER POST OFFICE, KERLIN HAS BEEN PO BOXES. , KERLIN MARK HAD SEVERAL ADDRESS CHANGES. HE WILL NOT GIVE THEM A STREET ADDRESS. , NOT POUND , as to ALL HAVE Sheriff's Cost's: Docketing 18.00 Service 11.10 Not Found 5.00 Surcharge 10.00 .00 44.10 Sheriff of Cumberland County BERNSTEIN LAW FIRM 07/14/2004 Sworn and subs'cribed to before me this /~ day of ~ Prot4/o~ot sty ~-~ ' ~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. Plaintiff(s) No. 04-2905 Civil Term VS. MARK KERLIN PRAECIPiE TO DISCONTINUE WITHOUT PREJUDICE Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE, ESQUIRE PA ID#36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID#86470 Bemstein Law Firm, P.C. Firm #718 Suite 2200 ,Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. R0039331 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MLG003323V001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC No. 04-2905 Civil Term Plaimiff VS. MARK KERLIN Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Discontinue without prejudice the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.C. By*, ~. ..... ~""'t~..~_~ Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: R0039331 Sworn to and subscribed before me this I'/*h day of ~lCzillmlC~, 2004 Notary Public COMMONWEALTH OF PENNSYLVANIA No~a~ Seal Michelle L Graham, Nt~iy Public Member, Pennsylvania Assool:atlon Of Notsfl~8 MLG003323V001